Okla. Admin. Code § 340:25-5-67

Current through Vol. 42, No. 4, November 1, 2024

Section 340:25-5-67 - Information disclosure

(a)Legal authority. Federal and state laws and the rules adopted by Oklahoma Human Services (OKDHS) restrict the use and disclosure of information. Information from child support program records is released per:

(1) Oklahoma Administrative Code (OAC) 340:2-21-12 through 340:2-21-16, 340:25-5-340.1 and 340:75-1-44;

(2) Section 112A and 413 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 112A and 413), 51 O.S. §§ 24A.1 through 24A.26, and 56 O.S. § §183 and 231 through 240.23;

(3) Section 285.3 of Title 31 of the Code of Federal Regulations (31 C.F.R. § 285.3) 45 C.F.R. §§ 303.15, 303.21, 303.70, and 307.13; and

(4) Sections 653, 654, 654a, and 663 of Title 42 of the United States Code (42 U.S.C. §§ 653, 654, 654a, and 663) .

(b)Confidentiality.All applications, information and records concerning any applicant or recipient obtained pursuant to law or as authorized by law by the Department of Human Services or any other public or private entity shall be confidential per 56 O.S. § 183.

(1) All files and records concerning the assistance or services provided under the child support program or concerning an alleged father of a child born out of wedlock are confidential per 56 O.S. § 237, except as otherwise authorized by law.

(2) Any information OKDHS Child Support Services (CSS) obtains from federal or state agencies is subject to limitations on disclosure imposed by laws governing the information received from those agencies. CSS complies with the limitations imposed by federal laws and regulations per 42 U.S.C. § 653, 31 C.F.R. § 285.3, and Internal Revenue Service Publication 1075.

(3) Nothing in this Section authorizes disclosure of the location or information that may lead to discovery of the location of a case participant with a Family Violence Indicator per OAC 340:25-5-67.1.

(4) CSS redacts personal information, including Social Security and driver license numbers, from court documents prior to filing them, pursuant to Rule 31 of the Rules for District Courts of Oklahoma.

(c)Authorized disclosure.

(1) Information requested may be shared with:

(A) persons duly authorized by the United States in connection with the performance of their official duties per 56 O.S. § 183 including, but not limited to:

(i) exchange of information to the extent necessary to carry out the state agency Title IV-D program responsibilities directly and through statewide automated data processing and information retrieval networks within OKDHS, with authorized representatives of OKDHS programs and other state agencies, other states and countries, and federal and tribal agencies;

(ii) exchange of information directly and through statewide automated data processing and information retrieval networks with OKDHS representatives and other state agencies administering programs under Titles IV-A through IV-E, XIX, and XXI of Chapter 7 of Title 42 of the U.S.C., and the Supplemental Nutrition Assistance Program (SNAP) to the extent necessary to carry out the responsibilities of those agencies;

(iii) release of information received from the Federal Parent Locator Service, through the State Parent Locator Service, to an authorized person for an authorized purpose, per 42 U.S.C. § 663 representing:

(I) agencies administering or enforcing programs under Titles IV-B and IV-E of Subchapter IV of Chapter 7 of Title 42 of the U.S.C. to the extent necessary to carry out state agency Titles IV-B and IV-E responsibilities; and

(II) the United States or Oklahoma for purposes of enforcing or prosecuting any federal or state law with respect to the unlawful taking or restraint of a child, or any court or agent of such court having jurisdiction to make or enforce a child custody or visitation determination; and

(iv) release of Social Security numbers for child support purposes, such as:

(I) locating the parents;

(II) submitting cases for federal administrative and income tax refund offset;

(III) state income tax refund offset;

(IV) financial institution data match;

(V) enrolling children as beneficiaries of health insurance coverage; and

(VI) processing interstate child support services; and

(B) parties to a child support case, their attorneys, interpreters, and authorized representatives, who may only access:

(i) income information, records of payment, and balances;

(ii) documents, exhibits, worksheets, and supporting documents filed with the court and any administrative documents that are part of the order, such as guideline worksheets and financial affidavits;

(iii) specific case activity in the course of providing child support enforcement services, such as the number and dates of locate attempts, and establishment and enforcement of child support or medical support orders;

(iv) information required by 43 O.S. §56 disclosed for the purpose of enforcing, reviewing, establishing, or modifying a support order or judgment;

(v) information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;

(vi) information necessary to access court-ordered health care coverage and obtain health care for the children; and

(vii) address of record for service of process per 43 O.S. § 112A. The address of record must only be released per OAC 340:25-5-340.1;

(C) employers and plan administrators, who may only access information necessary to enroll children as beneficiaries of court-ordered health insurance coverage;

(D) persons as directed by court order or by a subpoena approved by a CSS state's attorney; and

(E) persons with written authorization from a child support case member to release information.

(2) Any person requesting case information must specify the information needed and for what purpose the information is being requested. The person must verify his or her identity. CSS determines:

(A) when the person requesting the case information is authorized to receive per paragraph (1) of this subsection;

(B) when the requested information may be released; and

(C) the appropriate method of release.

Okla. Admin. Code § 340:25-5-67

Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93 ; Amended at 17 Ok Reg 2426, eff 7-1-00 ; Amended at 19 Ok Reg 192, eff 10-30-01 (emergency); Amended at 19 Ok Reg 1746, eff 7-1-02 ; Amended at 20 Ok Reg 1240, eff 7-1-03 ; Amended at 21 Ok Reg 1344, eff 7-1-04 ; Amended at 22 Ok Reg 1221, eff 7-1-05 ; Amended at 23 Ok Reg 1842, eff 7-1-06 ; Amended at 24 Ok Reg 1301, eff 7-1-07 ; Amended at 26 Ok Reg 3036, eff 7-21-09 (emergency); Amended at 27 Ok Reg 1201, eff 7-1-10 ; Amended at 28 Ok Reg 812, eff 7-1-11 ; Amended at 29 Ok Reg 765, eff 7-1-12 ; Amended at 30 Ok Reg 643, eff 7-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023